Proposals to cut the use of jury trials for most offences would be one of the most significant legal reforms in UK history. The government’s plans have prompted much debate in legal circles and beyond – mainly around whether they go against the UK’s democratic principles.

The government’s hope is that reducing jury trials will address the growing backlog of cases in the Crown Court. But the proposals included in the courts and tribunals bill suggest that many more cases would be dealt with in magistrates courts instead of Crown Courts.

The bill proposes removing people’s ability to choose a jury trial in certain types of cases. It also introduces a new tier of Crown Court, in which cases will be tried by one judge alone.

To further restrict the number of cases reaching Crown Courts, the bill proposes significantly increasing magistrates’ sentencing powers, and restricting the ability to appeal magistrates court decisions.

Why magistrates courts are under pressure

Magistrates courts are already the workhorses of the English and Welsh criminal justice system. Cases are presided over either by a legally qualified district judge, or by two or three lay magistrates. Magistrates are not necessarily legally qualified, but are assisted by a specialist court legal adviser.

All........

© The Conversation